Franchise & Distribution Law

Change to Michigan Law Provides Some Protection for Franchisors

NLRBJoint Employer Liability

One of the recent concerns for both franchisors and franchisees in the US has been the uncertainty created by regulatory efforts to have franchisors held liable as a “joint employer” of the employees of their franchisees. Most prominent of these efforts has been the National Labor Relations Board’s (“NLRB”) actions asserting that McDonald’s is a joint employer of its franchisees’ employees. Continue reading

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Franchise & Distribution Law

Are Shareholders of a Corporate Franchisee Considered “Franchisees” Under Ontario’s Franchise Legislation?

Corporate PeopleThe answer is that it depends. The Ontario Superior Court of Justice considered the matter in 2313103 Ontario Inc. et al v JM Food Services Ltd. et al. in the context of whether the shareholders of the corporate franchisee can invoke the statutory rights afforded to franchisees under the Arthur Wishart Act (Franchise Disclosure), 2000 (Ontario) (“Act”). Continue reading

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Franchise & Distribution Law

Dunkin’ Donuts Quebec Case Now Final

Scales of Justice 2The Quebec Court of Appeal’s April 15, 2015 decision is now the last word in a landmark case brought by 21 Dunkin’ Donuts Quebec franchisees against their franchisor, Dunkin’ Brands Canada Ltd. On March 17, 2016, the Supreme Court of Canada dismissed, without reasons, the franchisor’s application for leave to appeal the Quebec Court of Appeal decision. Continue reading

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Franchise & Distribution Law

Ontario Passess New Legislation Regulating Tips and Gratuities

Ontario-Legislative-Building-10500Ontario restaurants, bars and other businesses with employees who receive some of their pay through tips and gratuities will face new laws governing how these tips are collected and distributed to employees beginning this summer. The regulations have yet to be developed, but the new laws will take effect on June 10, 2016. Continue reading

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Franchise & Distribution Law

British Columbia – BILL 38 – 2015, Franchises Act Passes 3rd Reading

British_Columbia_Parliament_Building[1]We previously reported that on October 5, 2015, the Government of British Columbia (BC Government) introduced Bill 38 – 2015, Franchises Act (Franchises Act) that would make it the sixth province in Canada to regulate franchising along with the provinces of Alberta, Ontario, Manitoba, New Brunswick and Prince Edward Island. Continue reading

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